When Can Child Support Be Modified Following a Texas Divorce?

 Posted on March 28, 2021 in Child Support

A divorce will involve multiple different types of financial issues, and child support is one of the key areas that will need to be addressed. These payments will ensure that a parent will be able to provide for children’s needs going forward. However, the amount of child support that is set at the time of a divorce may need to be adjusted at a later date if parents or children experience changes in their lives. Parents who are looking to make changes to these financial obligations will need to understand when child support modifications can be made and the process that will be followed when addressing these requests.

Situations Where Child Support Modifications May Be Warranted

There are a few different types of cases where a parent may ask to modify child support. Modifications may be made if:

• At least three years have passed since the child support order was established, and calculating child support under the state guidelines based on the parties’ current circumstances would result in a difference of at least 20% or $100 from the amount that is currently being paid.
• One or more of the parties involved in the case (including the parents or the children being supported) have experienced a “material and substantial change in circumstances.”

In most cases, modification requests will be based on a change in circumstances. These changes may include an increase or decrease in the income earned by the parent who pays child support, changes to children’s needs, or updates to children’s living arrangements.

If the non-custodial parent loses their job, child support may be adjusted based on their current income. In many cases, courts will set child support based on the amount that a parent should be able to earn. When determining an appropriate amount, the court may look at the amount the parent currently earns, their employment history, factors that affect their ability to work, and the minimum wage. If a parent is unemployed, child support may be taken out of any unemployment benefits they receive.

Changes to children’s needs may include increased costs related to medical conditions. For example, if a child suffers an illness or condition that requires ongoing treatment or therapy, the non-custodial parent’s child support obligations may be increased to address these costs. Since parents will also be required to contribute toward the cost of children’s medical insurance, child support may need to be adjusted if insurance arrangements change. For instance, if it would be more cost-effective for children to be covered under the custodial parent’s insurance plan, child support may be modified to ensure that the non-custodial parent reimburses the custodial parent for a portion of the children’s health insurance premiums.

Modifications to child custody may also warrant updates to child support obligations. For example, if children’s living arrangements will change so that they will be spending equal amounts of time with each parent, modifications may be made to ensure that the parents share the costs of raising their children based on the income that each parent earns.

Contact Our Austin, TX Child Support Modification Lawyers

If you have experienced changes in the years following your divorce, and you believe that the amount of child support you pay or receive should be modified, the lawyers of Powers and Kerr, LLC can help you determine the best way to approach this issue. We will work with you to reach an agreement with your ex-spouse, or we will help you petition the court for modifications that will meet your family’s needs. To set up a consultation, contact our Austin post-divorce modification attorneys at 512-610-6199.

Sources:

https://www2.texasattorneygeneral.gov/faq/cs-frequently-asked-questions-about-child-support-modifications

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm